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Top 8 E&O Loopholes When Individual Licensees Rely on Their Real Estate Firm’s E&O Coverage

It’s not too late to learn how to protect yourself from real estate Errors and Omissions insurance coverage loopholes that can leave a real estate career in ruins.…

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Cyberattacks on Real Estate Professionals, What’s Next?

Brokers and escrow officers, like other professionals, use phones and e mail as their main mode of communication and by doing so they are exposed to data breaches.…

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10 Open House Red Flags You Must Address

Open houses are a great way to show off a home’s excellent selling points to a large audience in a short amount of time.  But what if potential…

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Spanish style home with inground pool

How to Get a Client’s Home to Appraise Higher

Guidance is the most important thing you can offer your clients. And when it comes to prepping a home prior to appraisal, they will need your guidance more…

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When Should a Real Estate Agent Be Communicating With a Seller’s or Buyer’s Attorney?

When problems arise after close of an escrow for a particular real property, the listing and selling agent are typically contacted by an attorney for either the seller…

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The Real Estate Licensee’s Need to Confirm in Writing the Material Aspects of a Transaction

How well does a typical real estate agent know his or her client? Good question. In the vast majority of the situations when a real estate agent transacts…

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Don’t Be CLUE-less!

Most real estate agents probably don’t give much thought to insurance claims on the homes they are trying to sell or the ones their clients may be interested…

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Unlocking Your First Impression with Real Estate Clients

Your parents were right: you only get one chance to make a first impression. It takes just seven seconds for a person to size up and judge another.…

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Failure to Disclose: Case Studies Uncover When Real Estate Agents Might Be Liable

Although not every jurisdiction has addressed the issue of whether a seller or seller’s agent has a duty to disclose a future public works project that may involve…

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Washington Enacts Earnest Money Disposition Process

Confusion regarding the handling, holding, and distribution of earnest money by title companies, escrow agents, and real estate licenses has led to newly enacted legislation in the state…

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Wisconsin Court: “That Shouldn’t Be a Problem” = Misrepresentation

A lengthy court battle came to an end when the Wisconsin Court of Appeals found in favor of two buyers in the case of Marchese v. Miller, et…

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Maryland Protects Against New Home Purchase Deposit Forfeitures

New legislation in Maryland has been introduced to provide further protections to purchasers of newly constructed homes from earnest money deposit forfeitures, when the transaction is contingent upon…

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Real Estate Listings: Magic Words That Get a Home Sold

As a real estate professional it is your job to make a home stand out. That starts with the real estate listing. But do you know which words…

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Analysis of Colorado Premises Liability Act and Negligence Framework

Like many brokers, your typical day at work involves showing homes to potential buyers. Imagine this scenario: Your client shows up at the appointed time and unexpectedly appears with a guest. You…

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Are Agent Commission Agreements Enforceable?

Agreements between agents to share commissions may be enforceable even where the agents are affiliated with different brokers. In a new case, Sanowicz v. Bacal, (2015) 234 Cal.App.4th…

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360 degree home virtual tour

Guide to Selling Real Estate with Virtual Tours

You have homes that you’re excited to sell. It’s your job to transfer this excitement about the house to potential buyers. When considering this topic the old adage…

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Contract Formation and Agency in the Digital Age

Most brokers and agents know that a contract for the sale of real estate generally must be in writing to be enforceable, and signed by the party against…

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Defense of New Jersey Consumer Fraud Act Claims

The purpose of the Consumer Fraud Act (CFA) is to promote truth and fair dealing in the marketplace. The following provides an overview of CFA law in New…

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MD Regulation Discourages Referrals by Real Estate Agents

By Harvey S. Jacobs If you live in Maryland and your real estate agent refuses to refer you to a mortgage lender, he isn’t being rude. Real estate…

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The Law Regarding Service and Companion Animals

Health care practitioners for years have documented evidence that animals, particularly dogs can benefit impaired people. Examples are seeing-eye dogs, dogs for the hearing impaired and most recently,…

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Changes to the Residential Purchase Agreement (RPA)

CAR has announced that the new RPA will be released in November of 2014. There are several substantive changes to the form. However, there are six (6) changes…

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Allowable Referrals and Commission Splits in California Real Estate Transactions

In California, the Bureau of Real Estate and California law permits a licensed real estate brokerage to pay a referral fee for a real estate transaction to a…

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Louisiana New Home Warranty Act & the LREC Property Disclosure Form

This post is in response to the Louisiana New Home Warranty Act, La. R.S. 9:3141 et seq., and the mandatory Louisiana Real Estate Commission (LREC) property disclosure form. Case:…

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Abandoned Renter Property

In Colorado, professional property managers are required to have a real estate license. Colo. Rev. Stat. § 12-61-101(2)(a)&(b); see also CP 27 (Commission Position on the Performance of…

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Property Management Companies and Security Deposits

In recent months, I have handled an increasing number of risk management inquiries for real estate agents and brokers who are property managers for property owners who rent…

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Glossary of Insurance Terms

You'll find definitions of common real estate insurance terms by clicking on the topic below. Actual Cash Value (ACV) Actual Damages (also known as compensatory damages) Additional Insured…

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How to Report a Claim

What to do in the Event of a Claim 1. DON'T PANIC! Many of the claims made against Brokers and Agents are frivolous and will go away with…

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“Stress Less” Hotline

What makes CRES different from other Real Estate E&O providers?  Other E&O providers ask you to contact them when you actually have a claim, while CRES wants to…

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Listing Agents: 10 Things To Do and Not Do in a Real Estate Transaction

Learn the top 10 do’s and don’ts to minimize your risks in a real estate transaction.

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Texas Disclosures

Guest blog written by B. Blake Cox B. Blake Cox  | www.lawsnakard.com Mr. Cox graduated from Texas Tech University in 1982 with a Bachelor of Arts Degree; and graduated from…

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Brownfield Redevelopment Offers Liability Protection and Grant Opportunities

Guest blog written by Robert G. Westfall  www.barrettlaw.com   The federal “Superfund” law, formally known as the Comprehensive Environmental Recovery, Compensation, and Liability Act (“CERCLA”), imposes harsh liability…

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Murder Is Not a Material Defect in Pennsylvania Real Estate Transactions

Guest blog written by David A. Yavil, Esq  | www.smsm.com David Yavil is a senior associate in Segal McCambridge's Philadelphia office. Mr. Yavil has extensive experience representing a…

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Updated South Carolina Building and Fire Codes Include Carbon Monoxide Alarm Requirements Aimed at Protecting Against the “Silent Killer”

In the past several months, the tragic deaths of an elderly couple and a child in two separate incidents in the same North Carolina hotel room have garnered national…

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two story home

Home Inspections: Don’t Oversell One to Your Real Estate Clients

Recommending a home inspection company is a helpful and valuable service a real estate agent can perform, however, it can also lead to a real estate lawsuit. And…

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Are you afraid of Flopping? If not, you should be.

By James R. Myers, The Chartwell Law Offices, LLP, Ft Myers, FL Beware of Flopping As if our national real estate crisis has not been bad enough, a…

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Chinese Dry Wall

Signs of Possible Chinese Drywall Presence Residence was built after 2004 Mild to strong sulphur or “rotten egg” smell in the residence Rapid corrosion and blackening of metal…

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